80 Years of Copyright Dispute Over "Happy Birthday to You" Song Ends

12 - May - 2017

Los Angeles - The song "Happy Birthday to You" is probably a common tune at birthday parties. However, behind it lies a dispute over who holds the copyright. Is it the melody's creator, sisters Mildred Hill? Who first created the melody of the song with the original title 'Good Morning to All' for kindergarten children in 1889, or someone else?

This simple and catchy song eventually became an unclaimed copyright. Until the recording company Clayton F. Summy Co. managed to obtain the copyright in 1935. The 'struggle' for copyright did not end there. In 1988, Warner attempted to acquire the full copyright, including the melody and lyrics.

However, on Tuesday, September 22, 2015, Federal Judge George H. King halted this ownership dispute. Summy Co. only obtained copyright for some piano melody variations, not the entire song.

Therefore, this decision means no one is entitled to claim profits if this song is used for any commercial or recording purposes.

Recently, a group filed a lawsuit questioning a 1922 songbook that contained the song "Happy Birthday" but without mentioning copyright.

Speaking to the Los Angeles Times, Randall Newman, the plaintiffs' attorney, expressed relief, saying, "The Happy Birthday song is finally free after 80 years. Finally, this issue is over. It's hard to believe."

The New York-based recording company Warner had earned at least $50 million (equivalent to more than 735 billion rupiah) from the song since acquiring its copyright in 1988.

The judge stated that the existing evidence indicated that sisters Patty and Mildred Hill "did not file for federal patent" when they created the song in 1889. The first copyright attempt was made in 1935, when the song had already spread among the public.

Michael Donaldson, a previous attorney for the plaintiffs, told The Washington Post, "For too long, Warner/Chappell has been profiting from many parties. This song belongs to all citizens of the United States."

Warner/Chappell, an affiliate of Warner Music, stated to The Washington Post, "We will re-examine the court's opinion and consider our next steps."

Meanwhile, a sketchbook containing the only original manuscript version by Mildred Hill was recently found among items donated decades ago to the University of Louisville in Kentucky. In this manuscript, the song Happy Birthday was still titled "Good Morning to All." (Alx/Rcy/Rie)

Source: http://global.liputan6.com

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